Walmart is found in Porterville and throughout Tulare County. Though stores like Walmart are a necessity for shoppers all over the county, anything can happen when an individual enters their property. Every year, handfuls of individuals fall victim to slip-and-fall accidents on Walmart properties.
At Maison Law, our Porterville Walmart slip-and-fall lawyers offer you and your family the help and resources that you need to move forward after you have been injured in one of these traumatic accidents. Because liability is not always clear and slip-and-fall claims can be otherwise complex, it can be beneficial to have legal help on your side after an accident. Contact us for a consultation and to find out more about how to handle your claim.
Porterville Walmart Slip-and-Fall Causes
Some slip-and-falls are so minor that they lead to simple embarrassment where an individual can just brush themselves off and move on. However, some slip-and-falls in Walmart stores are so severe that they lead to catastrophic injuries in victims.
There are many common reasons for slip-and-fall accidents in Walmart stores, which include the following:
Wet Floors: Wet floors is one of the main reasons for severe slip-and-fall accidents in Walmart stores each year. Floors can become wet due to many different reasons, from the spilling of liquids to cleaning supplies that have been left behind on floors.
Cluttered Aisles: Cluttered aisles and obstacles on floors can also cause slip and fall hazards to individuals. If merchandise was left behind on a floor or there are boxes left behind for individuals to trip over, a store could be liable for the harm that results.
Slippery Surfaces: Many people believe that a floor that is freshly polished or scrubbed is safer for customers because it is free of debris. However, even the slightest bit of foot traffic over a polished or waxy floor can lead to a serious fall. Walmart is supposed to use supplies that prevent slipping as a precaution.
Poor Lighting: In some areas of the local Walmart, individuals may not be able to see what is in front of them due to insufficient lighting. When there is a lack of lighting in an area, a customer might not see hazards before them until it is too late.
Walmart Liability in Slip-and-Fall Accidents
If you have sustained a slip or a fall on a Walmart property, you could be legally entitled to bring a claim against the store or an individual who caused the dangerous condition. If you want to successfully bring a claim against a store for your slip and fall accident, you will have to show that the following aspects were present:
- The store had a duty of care to keep you safe from harm. Walmart has a duty to reasonably take actions that will keep all customers safe.
- Prove that the duty was breached. This means that Walmart did not show the level of care that another store would have in that same situation.
- You must show that your injuries were caused by the breach of duty. This could mean gathering evidence like surveillance or pictures of the hazards.
- Lastly, you must show that there were damages as a result of the slip and fall.
How Walmart Handles Slip-and-Fall Claims Differently from Other Companies
Walmart handles their personal injury claims a bit differently than other companies. While many stores have insurance that covers individuals in the midst of a premises liability claim, Walmart has created its own company to handle claims. This means that Walmart pays out of pocket for damages instead of through insurance on behalf of an injured party.
Though this may sound like a good thing, it comes with many challenges and can make navigating a claim more complex. As you work to reach a settlement offer, Walmart might try to pin the blame on you or claim that they are not actually liable when they are, in fact, liable. Having a lawyer on your side can ensure that your rights are being protected as you work toward results.
Damages Recoverable After a Walmart Slip-and-Fall Accident
There are many types of damages that you may be able to recover after you have sustained injuries in a slip-and-fall accident. These include some of the following economic and non-economic damages:
- Medical expenses that you have incurred
- Lost wages and future lost income
- Pain and suffering damages
- Prescription and rehabilitation costs
- Loss of enjoyment of life
- Funeral and burial expenses
Though hiring a lawyer is not required, it can be incredibly beneficial. Having a lawyer on your side could maximize the damages you receive and lead to the best possible outcome in your claim. With resources available for you, you may find that you have time to heal and focus on your recovery when a lawyer is on your side.
Frequently Asked Questions
Are there time limits for recovering damages after my slip-and-fall accident?
In California, the statute of limitations on any type of personal injury claim, including slip-and-fall claims, is two years from the time of your injury. You do not want to wait too long to bring a claim, as you could be barred from recovery.
What if my slip-and-fall accident happened while I was working at Walmart?
If you were injured while working at Walmart, you may be eligible for workers’ compensation benefits. These benefits are much different from those that you receive in the midst of an average legal claim but can be helpful for a worker’s financial recovery.
What if I fell at Walmart but the accident was partially my fault?
California operates under pure comparative negligence laws, which means that a victim is eligible to collect damages even if they were partially at fault for their accident.
Contact a Porterville Walmart Slip-and-Fall Lawyer
After you have sustained a slip-and-fall in a Porterville Walmart, you may wonder what options are available for you. Walmart might make your claim as complex as possible, hoping that you will give up and stop seeking compensation for your injuries. However, you know that you have a claim and should be able to receive benefits as you work on your physical recovery.
At Maison Law, we have compassionately assisted victims of slip-and-fall accidents over the years throughout California. We know that you have many questions during these difficult times. Contact us at Maison Law for your fully free and confidential consultation.